Justice Ainooson v. Office of the District Attorney - Plymouth District (SPR 20160514)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords August 3, 2016 SPR16/514 Mr. Keith A. Garland, Esq. Office of the District Attorney - Plymouth District 32 Belmont Street P. 0. Box 1665 Brockton, MA 02303 Dear Attorney Garland: I have received the petition of Justice Ainooson appealing the nonresponse of the Office of the District Attorney-Plymouth District (Office) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Ainooson requested a specifically identified case file. Having received no response, Mr. Ainooson petitioned this office. Subsequent to the intervention of this office a supplemental response was provided by the Office to Mr. Ainooson. It appears from my review of the correspondence associated with this appeal that the responsive records consist primarily of Criminal Offender Record Information (CORI), which is exempt from disclosure under the Public Records Law. See G. L. c. 6, §167- 178B. It is important to note that a release or waiver form will not change the exempt nature of CORI, nor will the identity of any requester change the status of such exempt records. Individuals do have certain rights of access to CORI; however, an interpretation of the CORI falls within the authority ofthe Department of Criminal Justice Information Services (DCJIS). It is therefore recommended that Mr. Ainooson contact the DCJIS should he seek a determination on the issues associated with his request. Accordingly, I will consider this administrative appeal closed. f!(~~ Supervisor of Records cc: Mr. Justice Ainooson OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre